How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors

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How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors. Annabelle's presentation at Tranoi NYC in February 2016.

Business

Tranoï, NYC, 22 February
2016
IP enforcement in the EU:
How to efficiently & quickly
fight for your IP rights in the
fashion & luxury sectors

3
Intellectual property rights & fashion brands
A legal arsenal at the
disposal of fashion brands:
Don‘t forget to register your
IP rights, whenever
possible!!
Trademark
Copyright
Designs
Patents
Confidential Information
Know-how?
Passing off
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors

Which legal remedies, if your IP rights get infringed?

5
Interim remedies
1. Ex-parte orders:
• Search order/saisie-contrefacon
• Freezing injunction
2. Interim injunctions
3. Request for information
4. Interdiction to trade & sell infringing products
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors

6
Final remedies
1. Pecuniary remedies:
• Damages
• Account of profits
2. Non-pecuniary remedies
• Destruction/removal from commercial channels
• Declaration
• Delivery up and destruction
• Court order for a party to reveal relevant information
• Injunction
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors

8
IP and the courts
1 of the 9 competent Tribunaux de grande
instance
Paris TGI: exclusively competent for community
trademarks& designs, as well as patents
In France:
In England & Wales:
Chancery division
Intellectual property enterprise court
Smalll claims track
• How to file a
claim?
• Lawsuit
• Costs
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors

9
Understanding the stakes of IP litigation
• Copyright litigation
• Trademark litigation
• Patent litigation
• Design litigation
Where?
Costs
Who?
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors

10
Annabelle Gauberti
Ialci president
contact@ialci.org
@ialci1901 on Twitter
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
IP enforcement in the EU: How to efficiently & quickly fight for
your IP rights in the fashion & luxury sectors

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